Shumard v. Phillips
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Fort Smith District. John S. Little, Judge. 1. Isabella Shumard was never appointed guardian by any legal court, or by any clerk of any court in vacation. The law under which she claimed to act is found in ch. 81, Gould’s Dig., secs, 1, 2, 9, 10, 12, 28, etc. There could be no legal court.held on July 18, 1870, and as a probate court for the Fort Smith district, it never in law had an existence.
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APPEAL from Sebastian Circuit Court, Fort Smith District. John S. Little, Judge. 1. Isabella Shumard was never appointed guardian by any legal court, or by any clerk of any court in vacation. The law under which she claimed to act is found in ch. 81, Gould’s Dig., secs, 1, 2, 9, 10, 12, 28, etc. There could be no legal court.held on July 18, 1870, and as a probate court for the Fort Smith district, it never in law had an existence. Gould’s Dig., ch. 49, p. 316; acts 1861, p. 432-4. On the 18th July, 1870, the court should have been held at Greenwood. Acts 1861, sec. 2, p. 432. The letters…
1Opinion of the CourtCockrill, C. J.
This is an action of ejectment brought by the appellants. They deraign their title to the land in controversy from the government. The appellees assert that the appellants’ title was divested by sale under a decree of the Sebastian circuit court, and has come to them through conveyances from the purchasers at the judicial sale. The validity of the decree under which the sale was had is the sole question for our determination. The decree purports to have been entered by the Sebastian circuit court on the 5th day of November, 1870, upon the petition of the plaintiffs' mother who claimed to be…
2Cases cited3 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Kearney v. VaughanSupreme Court of Missouri · 1872
- In Re the Estate of SylvestriNew York Court of Appeals · 1978
3Cited by10 opinions
- Rankin v. SchofieldSupreme Court of Arkansas · 1905
- Velma Carroll v. J. B. McLeodTexas Supreme Court · 1939
- Watson v. HendersonSupreme Court of Arkansas · 1911
- Greenlee v. RowlandSupreme Court of Arkansas · 1908
- McKinley v. SalterCourt of Appeals of Texas · 1939
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